Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Pakistan Prisons Rules, 1978

Section: 198,199,200,201,202,000,000,000,000,000, 000,000,000,000,000,000,000,000,000,000, 000,000,000,000,000,000

Law: Pakistan Penal Code, 1860

Section: 302

(a) Criminal Procedure Code (V of 1898)--- ----S. 382-B---Penal Code (XLV of 1860), S. 302---Period of pre-conviction detention not considered while awarding sentence of imprisonment---Technical omission by the court---Scope---High Court had partly accepted the appeal filed by the accused against his death sentence and reduced the same to life imprisonment, however, the High Court ignored the mandatory provision of S. 382-B, Cr.P.C., and did not consider the pre-conviction period during which accused remained in custody---Accused filed constitutional petition before the High Court, which was allowed and he was given the benefit of S. 382-B, Cr.P.C. along with general and special remissions earned during the period of detention/imprisonment---Contention on behalf of prosecution was that if any court omits to grant the benefit under S. 382-B, Cr.P.C., subsequently, the same could not be sought through an independent (constitutional) petition because that would amount to a review of the original which was not permissible under the law---Validity---Benefit of deducting pre-conviction detention period from the sentence awarded was mandatory under S. 382-B, Cr.P.C.---Cogent, strong and convincing reasons had to be recorded for refusal to grant such benefit---Jailer in whose custody the prisoner was undergoing sentence, was bound to award the benefit under S. 382-B, Cr.P.C. even if the was silent, unless the court for cogent and convincing reasons had expressly refused to grant such benefit---In the present case, omission by the High Court in ignoring S. 382-B, Cr.P.C. was a technical omission and not a substantive one, thus, it did not attract any bar to amend the original , which could be rectified at any stage---By allowing the constitutional petition the High Court rectified the omission and the command of the law was given effect in letter and spirit---Petition for leave to appeal was dismissed accordingly. (b) Administration of justice--- ----Inadvertent omission on part of a court/judge in applying the correct law--- Judges were duty bound to do justice and to apply the correct law to the facts of a case---Any inadvertent omission on the part of the court/judge…

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